GR 177353; (November, 2008) (Digest)
G.R. No. 177353 November 28, 2008
PEOPLE OF THE PHILIPPINES, appellee, vs. PANCHO ENTRIALGO, appellant.
FACTS
Appellant Pancho Entrialgo was charged with two counts of murder for the deaths of Benjamin Tabang and Avelina M. Tabang on July 30, 2000. The prosecution’s principal witness, Rolly Panaligan (appellant’s brother-in-law), testified that appellant, a dismissed barangay tanod, harbored ill feelings towards Barangay Chairman Benjamin Tabang. On the evening of the crime, appellant, armed with a bolo, inquired about Benjamin’s whereabouts and divulged his plan to kill him. Later that evening, appellant went to Rolly’s house and confessed to killing Benjamin and his wife, Avelina. The testimony was corroborated by Rolly’s wife, Mary Ann Panaligan. Dr. Carla Vigonte testified that both victims died due to multiple hacking wounds. Appellant denied the allegations, claiming he slept at 7 p.m. that night, but presented no corroborating evidence. The Regional Trial Court found appellant guilty of murder for Benjamin’s death and homicide for Avelina’s death, imposing the death penalty and imprisonment, respectively, which the Court of Appeals affirmed in toto.
ISSUE
The primary issue is whether the appellant is guilty beyond reasonable doubt of the crimes charged, and the correctness of the penalties and civil liabilities imposed.
RULING
The Supreme Court affirmed the appellant’s guilt and the penalties and civil liabilities imposed, with modifications. For Criminal Case No. 16095 (murder of Benjamin Tabang), the Court affirmed the conviction but, in view of RA 9346, sentenced appellant to reclusion perpetua without eligibility for parole. He was ordered to pay the heirs P75,000 as civil indemnity and P50,000 as moral damages. For Criminal Case No. 16096 (homicide of Avelina M. Tabang), the Court affirmed the conviction and sentenced appellant to an indeterminate penalty of 12 years of prision mayor maximum to 20 years of reclusion temporal maximum. He was ordered to pay the heirs P50,000 as civil indemnity and P50,000 as moral damages. The Court held that the positive declarations of the prosecution witnesses prevailed over the appellant’s uncorroborated denial.